[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Rules and Regulations]
[Pages 86263-86266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27257]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1397; Project Identifier MCAI-2023-00014-E; 
Amendment 39-22626; AD 2023-24-09]
RIN 2120-AA64


Airworthiness Directives; Safran Helicopter Engines, S.A. (Type 
Certificate Previously Held by Turbomeca S.A.) Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Safran Helicopter Engines, S.A. (Safran) (type certificate previously 
held by Turbomeca S.A.) Model Arrius 2R engines. This AD is prompted by 
reports of inconsistencies between the torque (TQ) and measured gas 
temperature (MGT) conformation values recorded in the avionics and the 
TQ and MGT conformation values recorded on the engine log cards 
following replacement of the M01 and M02 modules installed on the 
engine. This AD requires a one-time check of the consistency between 
the TQ and MGT conformation values recorded in the avionics and the 
values recorded on the engine log cards, and, if necessary, 
recalibrating the values and updating the engine logs, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 17, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 17, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1397; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
contact EASA, Konrad-

[[Page 86264]]

Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; 
email: <a href="/cdn-cgi/l/email-protection#5110152211343022307f3424233e21307f3424"><span class="__cf_email__" data-cfemail="f7b6b384b792968496d9928285988796d99282">[email protected]</span></a>; website: ad.easa.europa.eu.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (817) 222-5110. It is 
also available at regulations.gov under Docket No. FAA-2023-1397.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 
238-7088; email: <a href="/cdn-cgi/l/email-protection#731816051a1d5d1e5d101f120118331512125d141c05"><span class="__cf_email__" data-cfemail="0c67697a65622261226f606d7e674c6a6d6d226b637a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Safran Helicopter 
Engines, S.A. Model Arrius 2R engines. The NPRM published in the 
Federal Register on July 12, 2023 (88 FR 44232). The NPRM was prompted 
by EASA AD 2022-0265R1, dated January 6, 2023 (EASA AD 2022-0265R1) 
(also referred to as the MCAI), issued by EASA, which is the Technical 
Agent for the Member States of the European Union. The MCAI states that 
inconsistencies were reported between the TQ and MGT conformation 
values recorded in the avionics and the values recorded on the engine 
log cards following replacement of the M01 or M02 modules installed on 
the engine. This condition, if not corrected, could affect the engine 
power assurance check and lead to underestimated or overestimated TQ 
and MGT conformation values. Underestimated MGT conformation values 
could lead to an exceedance of the certified thermal limit of the high-
pressure (HP) blades, possibly resulting in HP blade rupture with 
consequent sudden power loss and release of low-energy debris. 
Underestimated TQ conformation values could lead to overpassing the 
helicopter transmission limit. Overestimated TQ and MGT conformation 
values could lead to an electronic engine control unit embedded value 
that could result in power non-availability. Each of the above 
conditions could result in reduced control of the helicopter.
    In the NPRM, the FAA proposed to require accomplishing the actions 
specified in the MCAI, except for any differences identified as 
exceptions in the regulatory text. The FAA is issuing this AD to 
address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1397.

Discussion of Final Airworthiness Directive

    The FAA received a comment from one commenter, Summit Helicopters, 
Inc (Summit). The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Request To Not Incorporate the EASA AD by Reference

    Summit objected to incorporating the foreign government's AD by 
reference in FAA ADs, including this one. Summit mentioned that the 
work of revising the EASA AD to match the exceptions in the AD 
significantly increases the paperwork and hours needed to complete the 
requirements of the AD. Summit also objected to requiring U.S.-based 
mechanics to access foreign government websites to comply with the AD. 
Summit pointed out that accessing the foreign government website to 
retrieve and, further, modify the EASA AD with the exceptions contained 
in the FAA AD, specifically to comply, has the potential for confusion, 
especially with to the differing effective dates of the EASA AD and the 
FAA AD. Summit suggested that the FAA instead copy the required actions 
from the foreign AD into the FAA AD. The FAA also infers that Summit is 
requesting that the FAA discontinue the incorporation by reference of 
foreign ADs in all FAA ADs.
    The FAA disagrees with the request. While this newer type of AD 
format results in another document needing to be reviewed by the 
mechanic, there is a benefit to operators that is not readily apparent. 
Most MCAIs permit using future approved revisions of required and 
related material without the need for an operator to request an 
alternative method of compliance (AMOC). The FAA is not permitted to 
include ``or future approved revisions'' directly in an AD. When an 
MCAI is not incorporated by reference, the FAA would require operators 
to be issued an AMOC allowing future, alleviating revisions of required 
material. Therefore, this method minimizes the need for AMOCs. Finally, 
since the MCAI is made available within the docket on regulations.gov 
when the NPRM is published, it is unnecessary for a U.S.-based person 
to access a foreign website to obtain a copy.

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA reviewed the relevant data, 
considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes, this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0265R1, which specifies instructions 
for a one-time check of the consistency between the TQ and MGT 
conformation values recorded in the avionics and the values recorded in 
the engine log cards, and, if necessary, recalibrating the values and 
updating the engine logs.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 145 engines installed on 
helicopters of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
              Action                    Labor cost           Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Perform consistency check........  1 work-hour x $85                    $0                $85            $12,325
                                    per hour = $85.
----------------------------------------------------------------------------------------------------------------


[[Page 86265]]

    The FAA estimates the following costs to do any necessary 
recalibration that would be required based on the results of the 
consistency check. The agency has no way of determining the number of 
aircraft that might need recalibration:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                   Action                              Labor cost               Parts cost      Cost per product
----------------------------------------------------------------------------------------------------------------
Recalibrate conformation values and update   1 work-hour x $85 per hour =                  $0                $85
 records.                                     $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-24-09 Safran Helicopter Engines, S.A. (Type Certificate 
Previously Held by Turbomeca, S.A.): Amendment 39-22626; Docket No. 
FAA-2023-1397; Project Identifier MCAI-2023-00014-E.

(a) Effective Date

    This airworthiness directive (AD) is effective January 17, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Safran Helicopter Engines, S.A. (type 
certificate previously held by Turbomeca S.A.) Model Arrius 2R 
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7700, Engine 
Indicating System.

(e) Unsafe Condition

    This AD was prompted by reports of inconsistencies between the 
torque (TQ) and measured gas temperature (MGT) conformation values 
recorded in the avionics and the TQ and MGT conformation values 
recorded on the engine log cards following replacement of the M01 or 
M02 modules installed on the engine. The FAA is issuing this AD to 
address inconsistencies between the TQ and MGT conformation values 
recorded. The unsafe condition, if not addressed, could result in 
reduced control of the helicopter due to one or more of the 
following: a power non-availability; a high-pressure blade rupture 
with consequent power loss and release of low-energy debris; or an 
overpassing of the helicopter transmission limit.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: 
Perform all required actions within the compliance times specified 
in, and in accordance with, European Union Aviation Safety Agency 
(EASA) AD 2022-0265R1, dated January 6, 2023 (EASA AD 2022-0265R1).

(h) Exceptions to EASA AD 2022-0265R1

    (1) Where EASA AD 2022-0265R1 refers to January 4, 2023 (the 
effective date of the original issue of EASA AD 2022-0265), this AD 
requires using the effective date of this AD.
    (2) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0265R1.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0265R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k) of 
this AD and email to: <a href="/cdn-cgi/l/email-protection#acede2e981ede881ede1e3efeccacdcd82cbc3da"><span class="__cf_email__" data-cfemail="3f7e717a127e7b127e72707c7f595e5e11585049">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Additional Information

    For more information about this AD, contact Kevin Clark, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (781) 238-7088; email: 
<a href="/cdn-cgi/l/email-protection#e48f81928d8aca89ca878885968fa4828585ca838b92"><span class="__cf_email__" data-cfemail="79121c0f10175714571a15180b12391f1818571e160f">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0265R1, 
dated January 6, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0265R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668

[[Page 86266]]

Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#1150556251747062703f7464637e61703f7464"><span class="__cf_email__" data-cfemail="7b3a3f083b1e1a081a551e0e09140b1a551e0e">[email protected]</span></a>; website: easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#0462762a6d6a77746167706d6b6a446a6576652a636b72"><span class="__cf_email__" data-cfemail="badcc894d3d4c9cadfd9ced3d5d4fad4dbc8db94ddd5cc">[email protected]</span></a>.

    Issued on November 30, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-27257 Filed 12-12-23; 8:45 am]
BILLING CODE 4910-13-P


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